In a jury trial, the decision of guilt or innocence is decided by either 6 or 12 citizens that were chosen out of a pool of people. They would listen to the evidence and make the decision. In a court trial, there is no jury present. The judge would listen to the evidence and make the decision.

The judge makes that determination as to whether or not you qualify. You will be required to complete a form and the judge may also ask you some questions regarding your eligibility for a public defender. There are certain criteria you must meet to be eligible for a public defender. If you qualify, you will be know before your case proceeds.